Penman v. Pan American World Airways, Inc. — 69 N.Y.2d 989

Majority

p. 989

Alex E. Penman, Respondent, v Pan American World Airways, Inc., Appellant.

Argued April 23, 1987;

decided May 28, 1987

p. 990

APPEARANCES OF COUNSEL

James S. Frank and Penny Ann Lieberman for appellant.

Edgar Pauk and Jonathan A. Weiss for respondent.

OPINION OF THE COURT

Order affirmed, with costs, and certified question answered in the affirmative. As we stated in Matter of Pan Am. World Airways v New York State Human Rights Appeal Bd. ( 61 NY2d 542 ), the Statute of Limitations is tolled during the pendency of a complaint with the Division of Human Rights

p. 991

pursuant to CPLR 204 (a) and thus the action is not time barred.

Concur: Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa.

Cases cited

Pan American World Airways, Inc. v. New York State Human Rights Appeal Board 61 NY2d 542 N.Y. 1984-03-27 p. 990